Phillips v. Protection Insurance
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. STATEMENT OF THE CASE. This was a suit on a policy of insurance against the defendant, a foreign corporation, doing business in St, Louis by an agency, according to our statutes. The policy, dated 10th February, 1849, was on plaintiff’s stock in trade (being military goods, music and musical instruments) in a store on Market street, just below Second, on the south side of Market street.
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APPEAL from St. Louis Circuit Court. STATEMENT OF THE CASE. This was a suit on a policy of insurance against the defendant, a foreign corporation, doing business in St, Louis by an agency, according to our statutes. The policy, dated 10th February, 1849, was on plaintiff’s stock in trade (being military goods, music and musical instruments) in a store on Market street, just below Second, on the south side of Market street. The building was consumed in the great fire of the night of 17th May, 1849, and with it the greater portion of plaintiff’s goods. A portion of them were saved by plaintiff…
1Opinion of the CourtNapton, J.
The record of this case presents several questions, which we shall notice in order. 1, Was the notice of loss in time? 2, Was the statement of loss filed on the 9th June, sufficiently particular? 3, Was the plaintiffs failure to submit to an examination on the 19th June, as required by the company, a bar to his claim? 4, Were the certificates of Butler and Kretchmar, and the other preliminary proofs filed on the 29th October, a compliance with the conditions of the policy, and if *231not, had these conditions been waived. 5th. Could the action be brought within less than sixty days after…
2Cited by39 opinions
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- Rokes v. Amazon InsuranceCourt of Appeals of Maryland · 1879
- Hickman v. London Assurance Corp.California Supreme Court · 1920
- O'Brien v. Ohio InsuranceMichigan Supreme Court · 1883
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